Employement Aggrement not part of the petetion Approved Offer Letter


I recently got approval for L1A to H1B with CoS… When the time of employement offer, the new employer just given offer and limited set of T&C with benefits sheet… Now after H1 approval, they asking me to sign Employement Agrement which has set of lockers inlcuding 90 days notice period etc…

At my knowledge, in US the max notice period by either party is 30 days… For me the Employement Aggrement is completely a one sided. I resigned from L1A employer and in the process of joinnig with new employer (new H1B sponser) and found all these one sided Employement Aggrement.

Here are my concerns…

	Will it be possible to transfer my H1 to another employer without aggreing these Employement Aggrement which was not part of the Offer.

	Can I seak a legal advise on this one side aggrement which was not been part of the employment offer….

	Can complaint USCIS againsit this employer as he is not following the Employement Offer and T&Cs, what he submited during the petetion approval.

	In worest case,If I signed the Aggrement, what are the chnaces where I can defend my self against his legal notices (if in case he sent).

	What is the best thing I should do in this situation as I out on my L1A status and yet start the H1B status.

Thanks in Advance!!!...
  1. Depending upon when COS became effective this may or may not be possible. If it was approved 3-4 weeks ago, then payslips may be asked for H-1 transfer. If it was approved 1-2 weeks ago, then it may be possible to do the transfer w/o the payslips.

  2. You can either agree to the T&C or not, but you cannot legally force them to change the T&C (you can negotiate for better terms). However, you should still get the document reviewed by a labor attorney who can tell how much of the document can stand in court. Lot of companies add stuff to T&C to generate fear among employees to stop them from leaving the company. How much of it can stand in court is a different thing (especially one-sided contracts)

  3. USCIS will not be able to help you w/ it

  4. Refer (2)

  5. Get the document reviewed, and if you are legally covered then join this employer. Later, change the employer to a better one.

Thank you verymuch for the clarification…. I had 2hrs of discussion (recored on my phone) on this,…Theye are not in a position to change the odcument, however, they can facilitate even with the 2 weeks of notice, if the exit happens after an year employement with them in softemanner.
My main concerns with them is that they have limited pool of direct clients and EVC mode,majority of their business is in the EVVC model. Except this concern,I don’t any objection to continue with them as the C&B decent enough…
With their experiences, they didn’t had any bad experiences in Visa Stamping with EVVC model (they prefers Canada) but with little worry, I got the assurance (oral) that they will be placed atleast in EVC model, then I aggreed to sign the Aggrement.